Posted on 06/18/2008 6:21:12 AM PDT by RaceBannon
Obama advisers say bin Laden can appeal to U.S. civilian courts
Barack Obama has expressed support for the Supreme Court’s decision in favor of civilian prosecution of terrorism suspects, and his advisers said Tuesday that if Osama bin Laden were captured, he too should face civilian prosecution. – AP Bill Sammon, The Examiner 2008-06-18 07:00:00.0 Current rank: # 13 of 6,452
WASHINGTON - Barack Obama’s foreign policy advisers said Tuesday that Osama bin Laden, if captured, should be allowed to appeal his case to U.S. civilian courts, a privilege opposed by John McCain.
Responding to questions from The Examiner, Sen. John Kerry and former White House counterterrorism czar Richard Clarke said bin Laden would benefit from last week’s Supreme Court decision giving terrorism suspects habeas corpus, the right to appeal their military detention to civilian courts.
“If he were to be brought back,” Clarke said of bin Laden, “the Supreme Court ruling holds on the right of habeas corpus.”
Kerry, who applauded the Supreme Court ruling, said it will be carried out by whichever candidate wins the presidency.
“The Supreme Court of the United States has ruled that they have those rights,” he said. “If John McCain were president, he would have to give them those rights.”
Randy Scheunemann, McCain’s senior foreign policy adviser, said those rights should not be extended to bin Laden or the hundreds of terrorism suspects being held by the U.S. military at U.S. Naval Base Guantanamo Bay, Cuba.
“The individuals we hold at Guantanamo are very, very dangerous people,” Scheunemann said. “To give them full access to the federal courts and the criminal justice system is fraught with danger, moving forward, and likely to make America less safe, unlike Senator Obama’s claim of supporting the decision that it made America safer.”
On Monday, Obama applauded the civilian prosecution of terrorists before the attacks of Sept. 11, 2001.
“In previous terrorist attacks — for example, the first attack against the World Trade Center — we were able to arrest those responsible, put them on trial,” he told ABC. “They are currently in U.S. prisons, incapacitated.”
Obama said President Bush has relied too heavily on military prosecution of terrorists, which has “given a huge boost to terrorist recruitment in countries that say, ‘Look, this is how the United States treats Muslims.’ ”
Former New York Mayor Rudy Giuliani said Obama wants “to take a step back to the failed policies that treated terrorism solely as a law enforcement matter, rather than a clear and present danger. Barack Obama appears to believe that terrorists should be treated like criminals — a belief that underscores his fundamental lack of judgment regarding our national security.”
The attack sounded familiar to Kerry, who was the Democratic presidential nominee four years ago.
“This is exactly what they tried to say back in 2004, and the record absolutely contradicts it,” Kerry told The Examiner. “Every Democrat voted to go to war and attack the Taliban and al Qaeda, the people who attacked us. That is not a [legalistic] approach.”
bsammon@dcexaminer.com
Examiner
Barack Obama has expressed support for the Supreme Court’s decision in favor of civilian prosecution of terrorism suspects, and his advisers said Tuesday that if Osama bin Laden were captured, he too should face civilian prosecution. – AP Bill Sammon, The Examiner 2008-06-18 07:00:00.0 Current rank: # 13 of 6,452
WASHINGTON - Barack Obama’s foreign policy advisers said Tuesday that Osama bin Laden, if captured, should be allowed to appeal his case to U.S. civilian courts, a privilege opposed by John McCain.
Responding to questions from The Examiner, Sen. John Kerry and former White House counterterrorism czar Richard Clarke said bin Laden would benefit from last week’s Supreme Court decision giving terrorism suspects habeas corpus, the right to appeal their military detention to civilian courts.
“If he were to be brought back,” Clarke said of bin Laden, “the Supreme Court ruling holds on the right of habeas corpus.”
Kerry, who applauded the Supreme Court ruling, said it will be carried out by whichever candidate wins the presidency.
“The Supreme Court of the United States has ruled that they have those rights,” he said. “If John McCain were president, he would have to give them those rights.”
Randy Scheunemann, McCain’s senior foreign policy adviser, said those rights should not be extended to bin Laden or the hundreds of terrorism suspects being held by the U.S. military at U.S. Naval Base Guantanamo Bay, Cuba.
“The individuals we hold at Guantanamo are very, very dangerous people,” Scheunemann said. “To give them full access to the federal courts and the criminal justice system is fraught with danger, moving forward, and likely to make America less safe, unlike Senator Obama’s claim of supporting the decision that it made America safer.”
On Monday, Obama applauded the civilian prosecution of terrorists before the attacks of Sept. 11, 2001.
“In previous terrorist attacks — for example, the first attack against the World Trade Center — we were able to arrest those responsible, put them on trial,” he told ABC. “They are currently in U.S. prisons, incapacitated.”
Obama said President Bush has relied too heavily on military prosecution of terrorists, which has “given a huge boost to terrorist recruitment in countries that say, ‘Look, this is how the United States treats Muslims.’ ”
Former New York Mayor Rudy Giuliani said Obama wants “to take a step back to the failed policies that treated terrorism solely as a law enforcement matter, rather than a clear and present danger. Barack Obama appears to believe that terrorists should be treated like criminals — a belief that underscores his fundamental lack of judgment regarding our national security.”
The attack sounded familiar to Kerry, who was the Democratic presidential nominee four years ago.
“This is exactly what they tried to say back in 2004, and the record absolutely contradicts it,” Kerry told The Examiner. “Every Democrat voted to go to war and attack the Taliban and al Qaeda, the people who attacked us. That is not a [legalistic] approach.”
bsammon@dcexaminer.com
Examiner
Before he gets bombed by a drone? Don’t think so.
Dead people can’t appeal to anything.
If this doesn’t kill his chances, nothing will
I suspect, then, that Obama won’t be captured.
Don't just stand there, get Obama to say this too so he can't back away from it so easily.
Sadly, you are right. I've said before that what if someone made the same argument on Osama's behalf in the year 2041? They would say, just like Obama does, that "what happened 40 years ago doesn't matter anymore."
Of course, if the terrorists make it over the border, McCain is OK with giving them amnesty.
Here are the Senators who voted against the Cornyn amendment , which would have established a permanent bar for gang members, terrorists, and other criminals looking to snag a shamnesty visa. Republicans underlined:
Unbelievable!
Behold the “Winnie the Pooh” policy makers at work .... Johnny Mac needs to grab onto this one with both hands and run with it.
Of course, the only sane result from the Supreme Court’s insane ruling is to take no prisoners. Shoot them on the spot. It will save a lot of time and money.
“the plane didn't fit, therefore you must acquit!”
sarc/
“Johnny Mac needs to grab onto this one with both hands and run with it.”
You are soooooo right about this!
I think we should immediately rush to trial a top terrorist detainee. Before the general election.
Let the trial turn into an absolute Democrat comedy when the Islamofascists take it over with their chants, praises to Allah and “Bushisms”. Make it an absolute circus.
Then let’s see how quickly the Democrats rush to defend “their rights”.
I would bet that ANY captures high value target will remain a military secret until he has been thoroughly questioned and then quietly executed.
If he's brought back, President Bush should have him hung from the South Portico of the White House, and leave the carcass there to rot.
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